Croston v. Hobbs et al

Filing 35

ORDER ADOPTING 29 Partial Report and Recommendations; granting 34 Motion to Amend/Correct, and directing plaintiff to file the amended complaint by November 14, 2013; and denying 24 Motion for Preliminary Injunction. The. Signed by Judge D. P. Marshall Jr. on 11/1/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DETRICK D. CROSTON ADC # 131172 v. PLAINTIFF No. 5:13-cv-217-DPM-BD ARTIS RAY HOBBS, Director, ADC; MARVIN EVANS, ADC; RAYMOND NAYLOR, ADC; THOMAS ROLAND, ADC; WILLIAM STRAUGHN, Maximum Security Unit, ADC; STEVE OUTLAW, Maximum Security Unit, ADC; MAURICE WILLIAMS, Maximum Security Unit, ADC; GREG SOCIA, Maximum Security Unit, ADC; RODERICK COOKSEY; MORRIS, Sergeant, Maximum Security Unit; and MARSHALL, Correctional Officer, Maximum Security Unit DEFENDANTS ORDER The Court has considered Magistrate Judge Beth Deere's Proposed Findings and Recommended Disposition, N2 29, and Croston's objections, N2 33. On de novo review, the Court adopts Judge Deere's proposal as its decision. FED. R. Crv.P. 72(b)(3). Croston's objections repeathisrequestto be relocated within the prison and his allegations of past excessive force, but do not demonstrate he is in any danger of future harm. Croston's motion for injunctive relief, N2 24, is denied. Croston also moves to amend his complaint to correctly identify defendant Marsh, originally named as Marshall, and to add defendants and claims regarding the prison's alleged deliberate indifference to Croston's mental health needs after the alleged assault. The motion, NQ 34, is granted. Croston's amended complaint due by 14 November 2013. So Ordered. D.P. Marshall Jf' United States District Judge -2-

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